Nominet sues businessman over chief executive 'libel'

Nominet, the non-profit company in charge of Britain's web address system, is
suing one of its members for defamation over an online video that alleges
its chief executive gave inaccurate evidence to an employment tribunal.

The company rejects the allegations and has issued a claim for up to £100,000 in damages at the High Court. Nominet says that Graeme Wingate, a businessman who trades in web addresses, has libelled Lesley Cowley OBE, its chief executive.

The dispute concerns a video posted by Mr Wingate about evidence given by Mrs Cowley to an employment tribunal hearing, at which Nominet was found to have unlawfully discriminated against its former legal and policy director, Emily Taylor. The tribunal concluded that Nominet management had engaged in “deception” by using her disability as a “pretext” for removing her from internal email lists, and awarded aggravated damages.

Mrs Cowley was cross examined on issues including editorial changes to an independent governance review, an executive bonus scheme and off-the-books communications between Nominet and government officials that led to new laws that allow ministers to seize control of the company. The video quotes and comments on an unofficial transcript of the cross examination.

Nominet runs the registry that ensures web addresses connect people to websites. Given the growing importance of the web for communications and commerce, the company, based in Oxford, is seen as part of critical national infrastructure and although operated privately is overseen by Government.

Mr Wingate created a website to campaign for Mrs Cowley to be removed as chief executive on the basis of what he claims is her own testimony, and other tribunal evidence.

He is also a critic of Nominet’s plan to introduce a more costly new type of web address. It wants to sell “secure” web addresses ending in just “.uk” rather than “.co.uk” or “.org.uk”, butopponents including children’s charities have suggested the plan will not protect the public and will cost businesses more to operate online.

Mr Wingate posted his video on his website and on YouTube, which blocked access to it from Britain in November following a complaint from Nominet. He has since moved his website to a host in China in an attempt to resist further attempts to censor it.

Acknowledging Nominet’s libel claim, Mr Wingate said he was prepared to fight in court.

“I fully believe in the independence of the High Court and that they will agree with my right as member of Nominet and a business owner to raise legitimate concerns I have made about individuals,” he wrote on his website.

“I have not attacked Nominet's reputation as a company. I have attacked her [Mrs Cowley’s] leadership and her conduct.

“I am fully prepared to justify all my allegations in a court of law.”

Nominet, which is also seeking an injunction to prevent further publication of the allegations, told members it was "entirely comfortable with legitimate protest" but was taking action to “support staff and protect our reputation”.

“In essence the key issue relates to a claim that Nominet's CEO lied when giving evidence at an employment tribunal proceeding on behalf of the company, which is simply not borne out by the official tribunal judgment which specifically states that our CEO ‘…did not present to the tribunal as a disingenuous witness’,” a spokesman said.

“The untrue allegations, which are portrayed as fact, are damaging to the reputation of our CEO and Nominet.

“Both Nominet and our chief executive are joint claimants in this action. The board was united in its decision to protect Nominet's reputation and stop the harassment of our staff. Nominet has to protect its own reputation and that of its senior executives when it is under attack.”

The company said it offered Mr Wingate mediation talks before taking action.